Patentet som forvaltningsvedtak - Er meddelelse av patent et enkeltvedtak om tildeling av et offentlig gode? ('The Public Law Aspects of the Granting of a Patent - Is the Patent a Public Law?')

FNI Report 13/2006. Lysaker, FNI, 2006, 47 p. In Norwegian.

This master thesis takes as its point of departure that it is a public authority – the Patent Office – which receives, considers and grants a patent. In the legal tradition patent law is often regarded as a part of the body of private law. In the international debate there is some focus on whether a patent should be regarded as a private right or a public strategic tool to promote certain developments in society. On this background this thesis investigates the rules of procedure for the handling and granting of a patent to contribute to the understanding of whether a patent right is a public strategic tool or a private right. It concludes that the strong level of similarity to the general public law procedures in Norwegian law strongly indicates that a patent is and must be regarded as a public law tool rather than a private pre-existing right.